Professional Documents
Culture Documents
The audit revealed many different defects in the Judge Patron, a close friend of Judge Apestado,
granted petitions: many petitions had not been acceded to the request, telling the latter that Atty.
verified; the required copies of some petitions Hermano is his fraternity "brod" and that Atty.
were not furnished to the Office of the Solicitor Hermano simply wanted to ask for advice on how
General and the Office of the Provincial to expedite the resolution of his case. They met, as
Prosecutor; docket fees had not been fully paid; arranged, in the fine dining restaurant of a five-
the parties were not actual residents within the star hotel. Atty. Hermano hosted the dinner.
territorial jurisdiction of the court; and, in some
cases, there was no record of the cross- Did Atty. Hermano, Judge Patron and Judge
examinations conducted by the public prosecutor Apestado commit any ethical/administrative
or any documentary evidence marked and formally violation for which they can be held liable? (8%)
offered. All these, viewed in their totality,
supported the improvident and indiscriminate
grant that the OCA found. X.
As a new lawyer, Attorney Novato started with a
If you were the counsel for Andy Malasuerte and practice limited to smal lclaims cases, legal
other litigants whose marriages had been counseling, and notarization of documents. He put
improperly and finally annulled, discuss your up a solo practice law office and was assisted by
options in administratively proceeding against his wife who served as his secretary/helper. He
Judge Contaminada, and state where and how you used a makeshift hut in a vacant lot near the local
would exercise these options. (8%) courts and a local transport regulatory agency.
With this strategic location, he enjoyed heavy
patronage assisting walk-in clients in the
VII. preparation and filing of pleadings and in the
In an action to prevent the condominium preparation and notarization of contracts and
developer from building beyond ten (10) floors, documents. He had the foresight of investing in a
Judge Cerdo rendered judgment in favor of the good heavy duty copier machine that reproduces
defendant developer. The judgment became final quality documents, and charges a reasonable fee
after the plaintiffs failed to appeal on time. Judge for this service. He draws electric power from an
Cerdo and Atty. Cocodrilo, counsel for the extension wire connected to an adjoining small
developer, thereafter separately purchased a restaurant. He put up a shingle that reads: "Atty.
condominium unit each from the developer. Novato, Specialist in Small Claims, Fastest in
Notarization; the Best and Cheapest in Copier
Did Judge Cerdo and Atty. Cocodrilo commit any Services."
act of impropriety or violate any law for which
they should be held liable or sanctioned? (8%) Is Attorney Novato’s manner of carrying out his
professional practice – i.e., mixing business with
the practice of law, announcing his activities via a
VIII. shingle and locating his office as above-described –
The criminal case arising from the P10-Billion Peso in keeping with appropriate ethical and
pork barrel scandal was raffled to Sandiganbayan professional practice? (8%)
Justice Marciano Cobarde. Afraid that he would
antagonize the parties, his political patrons and,
ultimately, his judicial career, he decided to inhibit
(E) None of the above choices is correct.
MULTIPLE CHOICE QUESTIONS IV. Ms. Seller and Mr. Buyer presented to a
commissioned notary public a deed of sale for
I. Under the 2004 Rules of Notarial Practice, what notarization. The notary public explained to them
may used to satisfy the requirement of the transaction the deed embodies and asked
"competent evidence of identity"? (1%) them if they were freely entering the transaction.
After the document was signed by all the parties,
(A) Passport, Senior Citizen card, HMO card. the notary public collected the notarial fee but did
(B) Police clearance, credit card, Professional not issue any BIR-registered receipt.
Regulatory Commission ID. The notarization of the deed is __________. (1%)
(C) Voter’s ID, NBI clearance, Driver’s license.
(D) Ombudsman’s clearance, private office ID, (A) neither unlawful nor improper because he
PhilHealth card. explained the basis for the computation of the
(E) All of the above. notarial fee
(B) unlawful because he did not issue a BIR-
registered receipt and did not post in his office the
II. The following are duties of a lawyer but only complete schedule of chargeable notarial fees
one of these is expressly stated in the Lawyer’s (C) proper because he is not required to issue
Oath. Choose the express duty that the Oath receipts for notarial fees
contains. (1%) (D) improper because he did not ask Ms. Seller and
Mr. Buyer if they needed a receipt
(A) To maintain a respectful attitude towards the (E) proper because any irregularity in the payment
courts. of the notarial fees does not affect the validity of
(B) To uphold the honor and dignity of the legal the notarization made
profession.
(C) To act with courtesy, candor and fairness
toward other lawyers. V. In order to comply with the MCLE requirements,
(D) To do no falsehood, nor consent to the doing Atty. Ausente enrolled in a seminar given by an
of any in court. MCLE provider. Whenever he has court or other
(E) To respect the courts and uphold the dignity of professional commitments, he would send his
the profession. messenger or a member of his legal staff to
register his attendance at the MCLE sessions so he
could be credited with the required qualifying
III. Atty. Avaro has consistently failed to pay his attendance. He would also ask them to secure the
annual IBP dues for several years. Demand letters printed handouts and the lecturers’ CDs, all of
have been sent to him and he has acknowledged which he studied in his free time.
receipt of these letters. However, all the IBP’s Atty. Ausente should be __________. (1%)
efforts proved futile. As a result, the IBP sent Atty.
Avaro a notice that his name would be stricken off (A) required to make up for his absence by
the Roll of Attorneys. attending lecture sessions in other MCLE providers
Was the IBP’s action correct? (1%) (B) sanctioned because he circumvented or evaded
full compliance with the MCLE requirements
(A) No, because default in the payment of annual (C) excused because he attended to profession-
dues only warrants suspension of Integrated Bar related tasks, and fully studied the courses
members. through the materials and CDs he secured
(B) Yes, because non-payment of annual dues is an (D) penalized by forfeiting all his earned MCLE
indicator of the lawyer’s moral fitness; refusal to units
pay is refusal to honor his obligation to the IBP. (E) excused because attendance by proxy is a
(C) No, because failure to pay affects a member’s widespread and tolerated MCLE practice
capability to practise, but not his membership in
the Bar.
(D) Yes, because payment of membership dues VI. Plaintiff Jun Ahorro filed a complaint for
and other lawful assessments are conditions sine collection of sum of money before the Regional
qua non to the privilege of practising law and to Trial Court of Manila. Because of the large amount
the retention of his name in the Roll of Attorneys. of his claim, he had to pay a sizeable docket fee.
He insisted on paying the docket fee and other (A) It is within its right to make, since lawyers may
fees in installments because staggered payment is freely decide who to represent and who not to
allowed under Rule 141, as amended. The Office of represent.
the Clerk of Court (OCC) refused to accept the (B) It is unethical; it constitutes a collective denial
complaint unless he paid the full amount of the of Vito’s right to the assistance of counsel.
docket and other required fees. (C) It constitutes an anticipated act of contempt
Plaintiff Jun Ahorro’s position __________. (1%) towards the court that may order any of the
members of the association to represent the
(A) is allowed because of the large amount of the accused.
docket fee (D) It must be concurred in by each member of the
(B) is justified because it is discretionary on the Bar Association to have any binding force.
part of the OCC to accept staggered payment (E) It is unethical because the Bar Association
(C) is incorrect because the amendment on already prejudged Vito.
staggered payment has been suspended
(D) is not allowed because the full payment of
docket fee is jurisdictional IX. Graft Investigator Atty. Retirada served the
(E) cannot be allowed because of its prejudicial Office of the Deputy Ombudsman for eight years
impact on the judiciary’s financial operations before retiring from the service. While still a Graft
Investigator, she investigated a government
contract for office supplies where Mr. Sakim was
VII. Atty. Anunciante is engaged in the practice of the supplier. The transaction was supposedly
law and has a regular, live, weekly TV program overpriced. Atty. Retirada recommended that no
where he gives advice to and answers questions charges be filed against the officials involved and
from the audience and program viewers the recommendation benefited Mr. Sakim as the
concerning U.S. immigration problems. supplier involved in the transaction.
Occasionally, advertisements inviting viewers to
watch his TV program are shown outside his After her retirement from the service, Atty.
regular program schedule. Because of the Retirada’s services as counsel were engaged by
popularity of his TV program, the number of his Mr. Sakim as counsel to represent the Sakim family
law practice clients increased tremendously. in a claim against the State arising from a family
The TV program of Atty. Anunciante is property that had been expropriated. Atty.
__________. (1%) Retirada now consults you about the ethical
permissibility of accepting the engagement.
(A) permissible because it is public service in
nature What advice would you give Atty. Retirada? (1%)
(B) objectionable because the work involves
indirect advertising or solicitation of business (A) Having been in government service, she cannot
(C) improper because it gives him an unfair now represent a party with a claim against the
advantage over other lawyers State.
(D) ethically allowable because it does not violate (B) Having once handled a case involving her
the traditional standards of the legal profession prospective client, a conflict of interest would exist
(E) None of the above. if she were to accept the engagement.
(C) Representing the Sakim family would involve
the unethical use of information she obtained
VIII. Vito is a notorious gangster in the province while in government service.
who has been accused of raping and mercilessly (D) There is no ethical objection to her acceptance
killing a 16-year old girl. Sentiments run very of the engagement because the case is neither
strongly against him and the local Bar Association criminal nor administrative in character.
met and decided that no lawyer in the locality (E) Acceptance of the engagement should be on
would represent him. Vito could not afford the condition that Atty. Retirada would withdraw if a
services of an out-of-town counsel. conflict of interest situation arises.
Choose the most appropriate legal and ethical
characterization of the decision of the local Bar
Association. (1%) X. Your client is the plaintiff in a civil case for
damages arising from a car accident where he
sustained serious physical injuries and damages
amounting to P1Million. The counsel for the
defendant asks you to give him a proposed
amount for purposes of settlement and you are The city legal officer advised the City Engineer’s
aware that whatever amount you tell him would Office and the local PNP chief that the TRO’s
not readily be accepted and would probably be cut conditions are not in place so that the demolition
into half. could proceed. The city filed a manifestation
reflecting the city legal officer’s position, while the
What is your best legal and ethical course of informal settlers’ counsel sought its own
action? (1%) clarification and reconsideration from the court,
(A) Inflate your proposal to make allowances for a which responded by decreeing that the conditions
compromise. have been fulfilled. Despite this ruling, the city
(B) Tell the defendant’s counsel the correct legal officer insisted that the conditions have not
amount of damages. been fulfilled and thus gave the PNP clearance to
(C) Offer him a reasonably low amount so that the aid the City Engineer’s Office in proceeding with
case can immediately be settled. the demolition.
(D) Ask the defendant’s counsel to first submit his
negotiating figure. From the perspective of professional ethics, how
(E) Play hard-to-get and initially refuse all the would you characterize the city legal officer’s
defendant’s initiatives to settle. actions? (1%)
(A) discontinue his representation; to continue XIII. The mediator assigned to a civil case happens
would be unethical since he would then be aiding to be your law school classmate and he makes a
the accused in foisting a deliberate falsehood on doctrinal statement about the rights of the parties.
the court You knew that the statement, although favorable
(B) allow Candido to choose his course of action; to your client’s case, is incorrect.
Atty. Lebron’s duty is to protect all his legal and
statutory rights The ethical move to make under the circumstances
(C) convince Candido to plead guilty and withdraw is to __________. (1%)
from the case if Candido refuses to heed his advice
(D) file a manifestation, if Candido pleads "not (A) correct the mediator and state the right
guilty," declaring to the court what he knows of doctrine
the truth. (B) just keep quiet because the other counsel
(E) play matters by ear and wait for developments might learn about your relationship with the
as Candido may still plead guilty. mediator
(C) reveal your relationship with the mediator and
ask the opposing counsel if he has any objections
XII. A Regional Trial Court issues a temporary (D) request the Mediation Supervisor to
restraining order (TRO) halting the demolition immediately change the mediator
order issued by the City Mayor who has long (E) simply withdraw from the case because of the
loathed the cluster of shanties put up by informal unfair advantage that you enjoy
settlers along the road leading to the city’s
commercial district. The TRO, however, carried
conditions that must be in place before the XIV. Wanda finally became pregnant in the 10th
threatened demolition can be fully halted. year of her marriage to Horacio. As her pregnancy
progressed, she started having difficulty breathing Diana should not have provided legal advice in the
and was easily fatigued. The doctors diagnosed absence of Horacio whose concerns and positions
that she has a heart congestion problem dueto a are unknown to her.
valve defect, and that her chances of carrying a (B) No. Diana did not give any formal advice that
baby to full term are slim. Wanda is scared and would constitute legal practice calling for the strict
contemplates the possibility of abortion. She thus observance of the conflict of interest rules.
sought legal advice from Diana, a lawyer-friend (C) No. The decision on whether or not to have an
and fellow church member, who has been abortion lies solely with Wanda; it is her body and
informally advising her on legal matters. health that is in issue.
(D) No. Horacio and Wanda are married, any
What is Diana’s best ethical response? (1%) advice given to Wanda is deemed to have been
(A) Beg off from giving any advice because it is a given to Horacio as well.
situation that is not purely legal. (E) No. Giving advice to Wanda is not necessarily
(B) Advise Wanda on the purely legal side of her acting against Horacio’s interest; Diana was giving
problem and assure her that abortion is allowed by advice based on the couple’s best interest.
law if the pregnancy endangers the life of the
mother.
(C) Advise that it is a religious problem before it is XVI. ABLE Law Office has a retainer agreement
a medical or legal one, and Wanda should consult with Santino, a businessman with shady
and follow the advice of her religious confessor. connections, who has recently been charged with
(D) Advise Wanda that abortion, above everything laundering money for an illegal drugs syndicate
else, is a moral problem and she should only have using Cable Co., Santino’s holding company. The
an abortion if it is an act she can live with. lawyers of ABLE Law Office assigned to handle
(E) Refrain from giving any kind of advice as Santino’s account have been impleaded as co-
abortion is a serious matter that cannot be defendants for incorporating and actively handling
resolved through informal consultations with the affairs of Cable Co.
friends and fellow church members.
In its bid to strengthen its case against the
defendants, the prosecution approached you (as
XV. Based on the same facts as Question XIV, the least guilty defendant who would qualify for a
assume that Diana, aside from being a family discharge as a state witness) and offers to make
friend of the couple, has been formally and you a state witness.
informally acting as their lawyer in all their
personal and family affairs. She has represented Can you accept, within the bounds of professional
them in court in a case involving a car accident and ethics, the prosecution’s offer? (1%)
in the purchase of their family home, for which
they formally paid the attorney’s fees that Diana (A) No, as Santino’s lawyer you are duty-bound to
billed. protect his interests, ably represent him in court,
and not turn against him.
In this instance, Wanda asked about her legal (B) Yes, as an officer of the court, you have the
rights but did not formally ask for a written opinion duty to disclose to the court information crucial to
from Diana. Horacio never had any input on the the case.
query as he was then away on an out-of-town trip (C) No, the information you acquired involving the
for his office. criminal case against Santino is covered by the
privileged communications rule.
Diana advised Wanda that she is fully protected in (D) Yes, a lawyer may testify against his client
law and her best course of action is to have an provided he first severs the lawyer-client
abortion while her pregnancy is not yet far relationship.
advanced. (E) Yes, the law of self-preservation is akin to the
law of self-defense and stands higher than any
Did Diana violate the prohibition against obligation you may have with your client.
representing conflicting interests when she
provided legal advice to Wanda without Horacio’s
knowledge? (1%) XVII. Under the same essential facts as the
preceding Question XVI, assume that you have
(A) Yes. The decision of whether to have an resigned from ABLE Law Office and that you were
abortion should be decided by both spouses; thus, never impleaded as a co-defendant, but during
your stay with the firm, you assisted in handling (D) Provide her with sample questions that you
the Cobra Co. account, which is largely owned by might ask in the hearing tomorrow.
Cable Co. (E) All the above are permissible.
III.
While in his Nissan Patrol and hurrying home to
Quezon City from his work in Makati, Gary figured
in a vehicular mishap along that portion of EDSA
within the City of Mandaluyong. He was bumped
from behind by a Ford Expedition SUV driven by
Horace who was observed using his cellular phone
REMEDIAL LAW (2013) at the time of the collision. Both vehicles - more
than 5 years old – no longer carried insurance
other than the compulsory third party liability
insurance. Gary suffered physical injuries while his
I. Nissan Patrol sustained damage in excess of
Alfie Bravo filed with the Regional Trial Court of Php500,000.
Caloocan, a complaint for a sum of money against
Charlie Delta. The claim is for Php1.5Million. The III(A) As counsel for Gary, describe the process you
complaint alleges that Charlie borrowed the need to undertake starting from the point of the
amount from Alfie and duly executed a promissory incident if Gary would proceed criminally against
note as evidence of the loan. Charlie’s office Horace, and identify the court with jurisdiction
secretary, Esther, received the summons at over the case. (3%)
Charlie’s office.
III(B) If Gary chooses to file an independent civil
Charlie failed to file an answer within the required action for damages, explain briefly this type of
period, and Alfie moved to declare Charlie in action: its legal basis; the different approaches in
default and to be allowed to present evidence ex pursuing this type of action; the evidence you
parte. Ten days later, Charlie filed his verified would need; and types of defenses you could
answer, raising the defense of full payment with expect. (5%)
interest.
Would an application for bail be the appropriate VII(A) What "before-trial" remedy would you
remedy or is there another remedy available? invoke in Angela’s behalf to address the fact that
Justify your chosen remedy and outline the she had not been investigated at all, and how
appropriate steps to take. (3%) would you avail of this remedy? (4%)
As she was running away from the burning house, (A) The court is allowed to render judgment motu
Nenita was surprised to see her husband also proprio in favor of the plaintiff.
running away from the scene. Dr. Carlos, Walter’s (B) The court motu proprio may declare the
psychiatrist who lived near the burned house and defendant in default, but only after due notice to
whom Walter medically consulted after the fire, the defendant.
also saw Walter in the vicinity some minutes (C) The court may declare the defendant in default
before the fire. Coincidentally, Fr. Platino, the but only upon motion of the plaintiff and with
parish priest who regularly hears Walter’s notice to the defendant.
confession and who heard it after the fire, also (D) The court may declare the defendant in default
encountered him not too far away from the but only upon motion of the plaintiff, with notice
burned house. to the defendant, and upon presentation of proof
of the defendant’s failure to answer.
Walter was charged with arson and at his trial, the (E) The above choices are all inaccurate.
prosecution moved to introduce the testimonies of
Nenita, the doctor and the priest-confessor, who
all saw Walter at the vicinity of the fire at about II. Which of the following is admissible? (1%)
the time of the fire.
(A) The affidavit of an affiant stating that he
IX(A) May the testimony of Nenita be allowed over witnessed the execution of a deed of sale but the
the objection of Walter? (3%) affiant was not presented as a witness in the trial.
(B) The extra judicial admission made by a
IX(B) May the testimony of Dr. Carlos, Walter’s conspirator against his co-conspirator after the
psychiatrist, be allowed over Walter’s objection? conspiracy has ended.
(3%) (C) The testimony of a party’s witness regarding
email messagesthe witness received from the
IX(C) May the testimony of Fr. Platino, the priest- opposing party.
confessor, be allowed over Walter’s objection? (D) The testimony of a police officer that he had
(3%) been told by his informants that there were
sachets of shabu in the pocket of the defendant.
(E) None of the above.
X.
As a new lawyer, Attorney Novato limited his
practice to small claims cases, legal counseling and III. Leave of court is required to amend a complaint
the notarization of documents. He put up a solo or information before arraignment if the
practice law office and was assisted by his wife amendment __________. (1%)
who served as his secretary/helper. He used a
makeshift hut in a vacant lot near the local courts (A) upgrades the nature of the offense from a
and a local transport regulatory agency. With this lower to a higher offense and excludes any of the
practice and location, he did not have big-time accused
clients but enjoyed heavy patronage assisting (B) upgrades the nature of the offense from a
walk-in clients. lower to a higher offense and adds another
accused
(C) downgrades the nature of the offense from a VII. The signature of counsel in the pleading
higher to a lower offense or excludes any accused constitutes a certification that __________. (1%)
(D) downgrades the nature of the offense from a
higher to a lower offense and adds another (A) both client and counsel have read the pleading,
accused that to the best of their knowledge, information
(E) All the above choices are inaccurate. and belief there are good grounds to support it,
and that it is not interposed for delay
(B) the client has read the pleading, that to the
IV. A Small Claims Court __________. (1%) best of the client’s knowledge, information and
belief, there are good grounds to support it, and
(A) has jurisdiction over ejectment actions that it is not interposed for delay
(B) has limited jurisdiction over ejectment actions (C) the counsel has read the pleading, that to the
(C) does not have any jurisdiction over ejectment best of the client’s knowledge, information and
actions belief, there are good grounds to support it, and
(D) does not have original, but has concurrent, that it is not interposed for delay
jurisdiction over ejectment actions (D) the counsel has read the pleading, that based
(E) has only residual jurisdiction over ejectment on his personal information, there are good
actions grounds to support it, and that it is not interposed
for delay
(E) The above choices are not totally accurate.
V. Character evidence is admissible __________.
(1%) VIII. Which among the following is a requisite
before an accused may be discharged to become a
(A) in criminal cases – the accused may prove his state witness? (1%)
good moral character if pertinent to the moral trait
involved in the offense charged (A) The testimony of the accused sought to be
(B) in criminal cases – the prosecution may prove discharged can be substantially corroborated on all
the bad moral character of the accused to prove points.
his criminal predisposition (B) The accused does not appear to be guilty.
(C) in criminal cases under certain situations, but (C) There is absolute necessity for the testimony of
not to prove the bad moral character of the the accused whose discharge is requested.
offended party (D) The accused has not at any time been
(D) when it is evidence of the good character of a convicted of any offense.
witness even prior to his impeachment as witness (E) None of the above.
(E) In none of the given situations above.
III.
Modesto and Abelardo are brothers. Sometime in
August, 1998 while Abelardo was in his office,
Modesto, together with two other men in police
uniform, came with two heavy bags. Modesto
asked Abelardo to keep the two bags in his vault
CRIMINAL LAW (2013) until he comes back to get them. When Abelardo
later examined the two bags, he saw bundles of
money that, in his rough count, could not be less
than P5 Million. He kept the money inside the
I. vault and soon he heard the news that a gang that
Bruno was charged with homicide for killing the included Modesto had been engaged in bank
75-year old owner of his rooming house. The robberies. Abelardo, unsure of what to do under
prosecution proved that Bruno stabbed the owner the circumstances, kept quiet about the two bags
causing his death; and that the killing happened at in his vault. Soon after, the police captured, and
10 in the evening in the house where the victim secured a confession from, Modesto who admitted
and Bruno lived. Bruno, on the other hand, that their loot had been deposited with Abelardo.
successfully proved that he voluntarily
surrendered to the authorities; that he pleaded What is Abelardo's liability? (7%)
guilty to the crime charged; that it was the victim
who first attacked and did so without any
provocation on his (Bruno's) part, but he prevailed IV.
because he managed to draw his knife with which In her weekly gossip column in a tabloid, Gigi
he stabbed the victim. The penalty for homicide is wrote an unflattering article about Pablo, a famous
reclusion temporal. singer, and his bitter separation from his wife. The
article portrayed Pablo as an abusive husband and
Assuming a judgment of conviction and after caused him to lose lucrative endorsement
considering the attendant circumstances, what contracts. Pablo charged Gigi with libel. In her
penalty should the judge impose? (7%) defense, Gigi countered that she did not commit
libel because Pablo has attained the status of a
public figure so that even his personal life has
II. become a legitimate subject of public interest and
While walking alone on her way home from a comment.
party, Mildred was seized at gun point by Felipe
and taken on board a tricycle to a house some Is Gigi correct? (7%)
distance away. Felipe was with Julio, Roldan, and
Lucio, who drove the tricycle.
V. on the face. Mariano would have inflicted grave
Michael was 17 years old when he was charged for injuries on Miss Reyes had not Dencio, another
violation of Sec. 5 of R.A. 9165 (illegal sale of student, intervened. Mariano then turned his ire
prohibited drug). By the time he was convicted and on Dencio and punched him repeatedly, causing
sentenced, he was already 21 years old. The court him injuries.
sentenced him to suffer an indeterminate penalty
of imprisonment of six (6) years and one (1) day of What crime or crimes, if any, did Mariano commit?
prision mayor, as minimum, to seventeen (17) (7%)
years and four(4) months of reclusion temporal, as
maximum, and a fine of P500,000.Michael applied
for probation but his application was denied VIII.
because the probation law does not apply to drug William is the son-in-law of Mercedes who owns
offenders under R.A. 9165. Michael then sought several pieces of real property. In 1994, William's
the suspension of his sentence under R.A. 9344 or wife, Anita, died. In 1996, William caused the
the Juvenile Justice and Youth Welfare Code. preparation of a Special Power of Attorney (SPA)
giving him the authority to sell two (2) parcels of
Can Michael avail of the suspension of his land registered in the name of Mercedes. The
sentence provided under this law? (7%) signature of Mercedes in the SPA was forged and,
through this forged SPA and without the consent
and knowledge of Mercedes, William succeeded in
VI. selling the two (2) parcels for Php 2,000,000. He
Roberto bought a Toyota Fortuner from Iñigo for pocketed the proceeds of the sale.
P500,000. While driving his newly-bought car,
Roberto met a minor accident that made the Mercedes eventually discovered William's
examination of his vehicle's Registration Certificate misdeeds and filed a criminal complaint. William
necessary. When the policeman checked the plate, was subsequently charged with estafa through
chassis and motor numbers of the vehicle against falsification of public document.
those reflected in the Registration Certificate, he
found the chassis and motor numbers to be Was the criminal charge proper? (7%)
different from what the Registration Certificate
stated. The Deed of Sale covering the sale of the
Fortuner, signed by Iñigo, also bore the same IX.
chassis and motor numbers as Roberto's Roman and Wendy are neighbors. On Valentine's
Registration Certificate. The chassis and motor Day, without prior notice, Roman visited Wendy at
numbers on the Fortuner were found, upon her condo to invite her to dinner, but Wendy
verification with the Land Transportation Office, to turned him down and abruptly left, leaving her
correspond to a vehicle previously reported as condo door unlocked. Roman attempted to follow,
carnapped. but appeared to have second thoughts; he simply
went back to Wendy's condo, let himself in, and
Roberto claimed that he was in good faith; Iñigo waited for her return. On Wendy's arrival later that
sold him a carnapped vehicle and he did not know evening, Roman grabbed her from behind and,
that he was buying a carnapped vehicle. with a knife in hand, forced her to undress. Wendy
had no choice but to comply. Roman then tied
If you were the prosecutor, would you or would Wendy's hands to her bed and sexually assaulted
you not charge Roberto with a crime? (7%) her five (5) times that night.
For conjugal weekenders, he plans to rent out IV. Who among the following accused is entitled to
rooms with hotel-like amenities at rates equivalent a privileged mitigating circumstance that would
to those charged by 4-star hotels; for long-term lower the imposable penalty by one degree?
occupants, he is prepared to offer room and board (0.5%)
with special meals in air conditioned single- (A) A minor above 15 years old and below 18 years
occupancy rooms, at rates equivalent to those old who acted with discernment.
charged by 3-star hotels. (B) One who, in fulfillment of his duty to carry out
the warrant of arrest of a fugitive, shot the fugitive
What advice will you give the Senator from the to death without ascertaining his identity.
point of view of criminal law, taking into account (C) One who defended himself against an unlawful
the purpose of imprisonment (7%) and aggression but used unreasonable means and gave
considerations of ethics and morality (3%)? (10% provocation.
total points) (D) All of the above.
VIII. Compelling the pilot of an aircraft of Philippine (A) Falsification of a public document.
Registry to change its destination is __________. (B) Falsification of a private document and estafa.
(0.5%) (C) Estafa.
(D) Estafa thru falsification of a private document.
(A) grave coercion (E) None of the above.
(B) a violation of the Anti-Hijacking Law or R.A. No.
6235
(C) grave threats XII. Out of spite and simply intending to put Gina
(D) a violation of the Human Security Act of 2007 to shame for breaking off with him, Ritchie
or the Anti-Terrorism Law emptied a gallon of motor oil on the school's
(E) All of the above. stairway where Gina usually passed. Gina,
unaware of what Ritchie did, used the slippery
stairway and slipped, hitting her head on the stairs.
IX. Choose from the list below the correct principle Gina died from brain hemorrhage.
in considering "motive". (0.5%)
What crime did Ritchie commit? (1%)
(A) If the evidence is merely circumstantial, proof
of motive is essential. (A) Murder.
(B) Generally, proof of motive is not necessary to (B) Reckless imprudence resulting in homicide.
pin a crime on the accused if the commission of (C) Homicide.
(D) Impossible crime of homicide.
(E) None. one (1) pedestrian, serious injuries to three (3)
others, and the destruction of the traffic light post.
XIII. Santos was sentenced to suffer imprisonment If you were the prosecutor, what would you
in three separate judgments: 6 months and 1 day charge Jonjon? (1%)
to 4 years for attempted homicide; 6 yearsand1day
to 8 years for frustrated homicide; and 6 years (A) Homicide with serious physical injuries through
and1day to20years for homicide. After his 20th simple negligence.
year in the National Penitentiary, Santos filed a (B) Damage to property, serious physical injuries
petition for habeas corpus claiming that he had and homicide through reckless negligence.
fully served his sentence of 20 years and should (C) Simple negligence resulting in damage to
therefore be immediately released from property, serious physical injuries and homicide.
imprisonment. (D) Reckless imprudence resulting in homicide,
serious physical injuries and damage to property.
Was Santos correct? (1%)
(A) Yes, because he served his sentences XVI. On June 1, 2011, Efren bought a used top-of-
simultaneously so that his 20 years of the-line Mercedes Benz for P7.5 Million from
incarceration was sufficient. Switik Trading. On the same day, he paid
(B) No, because multiple sentences are served P2,500,000 in cash and issued Switik Trading a
successively not simultaneously. check for P5,000,000 dated July 31, 2011. He then
(C) No, only penalties other than imprisonment brought the car to a friend's house and hid it in an
can be served simultaneously. underground garage. The check Efren issued was
(D) Yes, because after he has served the minimum dishonored for insufficiency of funds when
of his penalties, he can now be released. presented for payment on due date. Efren was
asked to honor and pay the check or to return the
car, but he refused.
XIV. Amelia, a famous actress, bought the
penthouse unit of a posh condominium building in What crime/s did Efren commit? (1%)
Taguig City. Every night, Amelia would swim naked
in the private, but open air, pool of her penthouse (A) Carnapping.
unit. It must have been obvious to Amelia that she (B) Estafa and carnapping.
could be seen from nearby buildings. In fact, some (C) A violation of BP Blg. 22.
residents occupying the higher floors of the nearby (D) Estafa and a violation of BP Blg. 22.
residential buildings did indeed entertain (E) None of the above.
themselves and their friends by watching her swim
in the nude from their windows.
XVII. In his Answer to a complaint, Atty. Jose
What crime did Amelia commit? (1%) (counsel for the defendant) stated that Atty.
Agrada (counsel for the plaintiff) is "bobo, inutile,
(A) Alarms and scandals because her act of good for nothing, stupid, and a menace to clients."
sw1mmmg naked disturbs the public tranquility.
(B) Grave scandal because she committed highly Can Atty. Jose be held criminally liable for libel?
scandalous acts that are offensive to decency or (1%)
good customs.
(C) Immoral doctrines, obscene publications and (A) No, because an Answer to a complaint is a
exhibitions, and indecent shows under Article 201 court pleading where communications made are
of the Revised Penal Code, because her act of privileged; the writer cannot be held liable for
swimming naked is akin to an indecent live show. libel.
(D) Amelia did not commit any crime because the (B) Yes, because the statement casts aspersion on
swimming pool is located in her private home. the character, integrity and reputation of Atty.
Agrada as a lawyer and exposed him to public
ridicule.
XV. After drinking a bottle of Jack Daniels, Jonjon (C) Yes, although a court pleading is a privileged
drove his BMW sports car at high speed, rammed communication, malicious statements that are
into a group of crossing pedestrians, and hit a irrelevant and impertinent to the issue in the
traffic light post. The incident caused the death of pleading may be libelous.
(D) Yes, there was a malicious intent to ridicule
Atty. Agrada as a lawyer. XXI. Judge Talim, upon complaint and application
(E) No, because the statement is in a pleading, but of the realty corporation Batmanson, Inc., issued a
Atty. Jose can be charged administratively for writ of preliminary injunction against Darjeeling
misconduct before the Supreme Court. Ventures, Inc., a competitor of Batmanson, Inc.,
without notice and hearing.
XVIII. Using his charms because of his movie star If you were counsel for Darjeeling Ventures, Inc.,
looks, Phil, in a movie date with Lyn, a 19-year old what criminal charge should you file against Judge
colegiala, kissed her on the cheek and stroked her Talim? (1%)
pubic hair. Lyn shouted for help and Phil was
arrested. Phil is liable for __________. (1%) (A) Rendering a manifestly unjust judgment.
(B) Knowingly rendering an unjust interlocutory
(A) rape by sexual assault for using his fingers order.
(B) violation of the Anti-Child Abuse Law for (C) Causing undue injury through manifest
lascivious conduct partiality under R.A. No. 3019.
(C) unjust vexation (D) Bribery.
(D) acts of lasciviousness (E) None of the above.
(E) None of the above.
(A) Robbery and rape with parricide. What offense would you charge George under R.A.
(B) Robbery, rape and parricide. No. 9160 (Comprehensive Dangerous Drugs Act)?
(C) Rape with homicide and theft. (1%)
(D) Rape with homicide.
(E) None of the above. (A) Use of dangerous drug.
(B) Use and possession of dangerous drugs.
(C) Possession of dangerous drugs.
XX. From an extension line, Ricardo overheard a (D) Importation of dangerous drugs.
telephone conversation between Julito and Atty. (E) None of the above.
Hipolito. The latter (Atty. Hipolito) was asking
money from Julito in exchange for dropping the
extortion charge filed against Julito. Ricardo was XXIII. During a military uprising aimed at ousting
charged of violating the Anti-Wire Tapping Act or the duly constituted authorities and taking over
R.A. 4200. the government, General Tejero and his men
forcibly took over the entire Rich Hotel which they
Under these facts, was there a violation as used as their base. They used the rooms and other
charged? (1%) facilities of the hotel, ate all the available food
they found, and detained some hotel guests.
(A) Yes, because the conversation was private in
nature. What crime did General Tejero and his men
(B) Yes, because the conversation was overheard commit? (1%)
without the consent of the parties, Julito and Atty.
Hipolito. (A) Rebellion complexed with serious illegal
(C) No, because what is punishable is intentional detention and estafa.
listening to a conversation through a wire. (B) Rebellion.
(D) No, because a telephone extension line is not (C) Coup d'etat.
the device or arrangement contemplated by the (D) Terrorism.
law and the use of an extension line cannot be (E) None of the above.
considered as wire tapping.
(E) None of the above.
XXIV. Andres was convicted of frustrated homicide
and was sentenced to 6 years and 1 day as
minimum, to 8 years of prision mayor as
maximum. Andres appealed his conviction to the
Court of Appeals, which convicted him of
attempted homicide, and sentenced him to 6
months of arresto mayor as minimum, to4years of
prision correccional as maximum.
III.
From his first term in 2007, Congressman Abner
has been endorsing his pork barrel allocations to
Twin Rivers in exchange for a commission of 40%
of the face value of the allocation. Twin Rivers is a
non-governmental organization whose supporting
papers, after audit, were found by the Commission
on Audit to be fictitious. Other than to prepare and
submit falsified papers to support the encashment
of the pork barrel checks, Twin Rivers does not
appear to have done anything on the endorsed
projects and Congressman Abner likewise does not
appear to have bothered to monitor the progress
of the projects he endorsed. The congressman
converted most of the commissions he generated
MERCANTILE LAW (2013) into US dollars, and deposited these in a foreign
currency account with Banco de Plata (BDP).
VIII.
VI. In the November 2010 stockholders meeting of
Delano Cruz is in default in the payment of his Greenville Corporation, eight (8) directors were
existing loan from BDP Bank. To extend and elected to the board. The directors assumed their
restructure this loan, Delano agreed to execute a posts in January 20 ll. Since no stockholders'
trust receipt in the bank's favor covering the iron meeting was held in November 2011, the eight
pellets Delano imported from China one year directors served in a holdover capacity and thus
earlier. Delano subsequently succeeded in selling continued discharging their powers.
the iron pellets to a smelting plant, but the
In June 2012, two (2) of Greenville Corporation's (B) How will you handle the cases of the passenger
directors- Director A and Director B -resigned from run over by the ambulance and the airline
the board. Relying on Section 29 of the employee allowed to hitch a free ride to Cagayan
Corporation Code, the remaining six (6) directors de Oro? (3%)
elected two (2) new directors to fill in the vacancy
caused by the resignation of Directors A and B.
X.
Stockholder X questioned the election of the new Bell Philippines, Inc. (BelPhil) is a public utility
directors, initially, through a letter-complaint company, duly incorporated and registered with
addressed to the board, and later (when his letter- the Securities and Exchange Commission. Its
complaint went unheeded), through a derivative authorized capital stock consists of voting common
suit filed with the court. He claimed that the shares and non-voting preferred shares, with equal
vacancy in the board should be filled up by the par values of P100.00/share. Currently, the issued
vote of the stockholders of Greenville Corporation. and outstanding capital stock of BelPhil consists
Greenville Corporation's directors defended the only of common shares shared between Bayani
legality of their action, claiming as well that Cruz, a Filipino with 60% of the issued common
Stockholder X's derivative suit was improper. shares, and Bernard Fleet, a Canadian, with 40%.
Rule on the issues raised. (8%)
To secure additional working fund, BelPhil issued
preferred shares to Bernard Fleet equivalent to the
IX. currently outstanding common shares. A suit was
Fil-Asia Air Flight 9 I 6 was on a scheduled filed questioning the corporate action on the
passenger flight from Manila when it crashed as it ground that the foreign equity holdings in the
landed at the Cagayan de Oro airport; the pilot company would now exceed the 40% foreign
miscalculated the plane's approach and undershot equity limit allowed under the Constitution for
the runway. Of the I 50 people on board, ten (10) public utilities.
passengers died at the crash scene.
Rule on the legality of Bernard Fleet's current
Of the ten who died, one was a passenger who holdings. (8%)
managed to leave the plane but was run over by
an ambulance coming to the rescue. Another was
an airline employee who hitched a free ride to MULTIPLE CHOICE QUESTIONS
Cagayan de Oro and who was not in the passenger
manifest. I. Claude, the registered stockholder of 1 000
It appears from the Civil Aeronautics Authority shares in ABC Corp., pledged the shares to Conrad
investigation that the co-pilot who had control of by endorsement in blank of the covering stock
the plane's landing had less than the required certificates and, execution of a Deed of
flying and landing time experience, and should not Assignment of Shares of Stock, intended as
have been in control of the plane at the time. He collateral for a loan of P1.0 Million that was also
was allowed to fly as a co-pilot because of the supported by a separate promissory note.
scarcity of pilots - Philippine pilots have been
recruited by foreign airlines under vastly improved I. (1) Under these facts, is there a valid pledge of
flying terms and wages so that newer and less the shares of stock to Conrad? (1%)
trained pilots are being locally deployed. The main
pilot, on the other hand, had a very high level of (A) No, because shares of stock are intangible
blood alcohol at the time of the crash. personal properties whose possession cannot be
delivered and, hence, cannot be the subject of a
You are part of the team that the victims hired to pledge.
handle the case for them as a group. In your case (B) No, because the pledge of shares of stock
conference, the following questions came up: requires double registration with the Register of
Deeds of the principal place of business of the
(A) Explain the causes of action legally possible corporation and of the residence of the pledgor.
under the given facts against the airline and the (C) Yes, because endorsement and delivery of the
pilots; whom will you specifically implead in these certificates of stock is equivalent to the transfer of
causes of action? (5%) possession of the covered shares to the pledgee.
(D) Yes, because the execution of the Deed of (A) domestic partnerships wholly composed of
Assignment of Shares of Stock is equivalent to a Filipino citizens
lawful pledge of the shares of stock. (B) domestic corporations 60% of whose capital
stock, outstanding and entitled to vote, are owned
I. (2) After Claude defaulted on the loan, Conrad and held by Filipino citizens
sought to have the shares registered in his name in (C) foreign corporations considered as doing
the books of the corporation. If you are the business in the Philippines under the Corporation
Corporate Secretary of ABC Corporation, would Code, 100% of whose capital stock, outstanding
you register the shares in the name of Conrad and entitled to vote, are wholly-owned by Filipino
without any written instruction from Claude? (1%) citizens
(D) All of the above, because the law considers the
(A) Yes, since the endorsement and delivery of the juridical personality, whether domestic or foreign,
certificates of stock executed by Claude constitute as a mere medium; the test of nationality is on the
the legal authority to cancel the shares in his name individuals who control the medium
and to place them in Conrad's name. (E) None of the above, because the term Philippine
(B) Yes, since the execution of the Deed of national can only cover individuals and not juridical
Assignment by Claude would constitute the legal entities.
authority to cancel the shares in his name and
place them in Conrad's name. II. (3) The delegation heard that foreigners can
(C) No, because corporate officers can only take invest up to 100% of the equity in "export oriented
direct instructions from the registered owners on enterprises" and you were asked exactly what the
the proper disposition of shares registered in their term covers.
names.
(D) No, because the corporation has a primary lien You replied that an "export oriented enterprise"
on the shares covering the unpaid subscription. under FIA '91 is an enterprise that __________.
(1%)
II. A foreign delegation of businessmen and (A) only engages in the export of goods and
investment bankers called on your law firm to services, and does not sell goods or services to the
discuss the possibilities of investing in various domestic market
projects in the Philippines, and wanted your (B) exports consistently at least 40% of its goods or
thoughts on certain issues regarding foreign services, and sells at least 60% of the rest to the
investments in the Philippines. domestic market
(C) exports consistently at least 60% of the goods
II. (1)The delegation has been told about the or services produced, and sells at least 40% of the
Foreign Investments Act of 1991, as amended (FIA rest to the domestic market
'91), and they asked what exactly is the law's (D) exports consistently at least 60% of its goods or
essential thrust regarding foreign investments in services produced, and can sell goods or services
Philippine business and industries. to the domestic market
You replied that FIA '91 essentially reflects (E) None of the above.
__________. (1 %)
II. (4) As a last question and by way of a concrete
(A) the "Filipino First Policy" example, a delegation member finally inquired -
(B) the "Foreign Investments Positive Lists" which of the following corporations or businesses
concept in the Philippines may it invest in and up to what
(C) the "Foreign Investments Negative Lists" extent? (1%)
concept
(D) the "Control Test" concept(E) All of the above. (A) A lifestyle magazine publication corporation, up
to 40% equity
II. (2)The delegation asked: aside from Filipino (B) An advertising corporation, up to 100% equity
ctt1zens, what entities would fall under the (C) A commercial bank, up to 60o/o equity
definition of "Philippine National" under FIA '91? (D) A jeepney manufacturing corporation, up to
100% equity
You replied that the definition of "Philippine (E) A real estate development corporation, up to
national" under FIA '91 covers __________. (1%) 60% equity
III. Dennis subscribed to 10,000 shares of XYZ (C) No, Brian is not a HIDC because Dennis issued
Corporation with a par value of P100 per share. the check only asevidence of good faith and
However, he paid only 25% of the subscription or interest in buying the car.
P250,000.00. No call has been made on the unpaid (D) No, Brian is not a HIDC because Brian should
subscription. have been placed on notice: the check was crossed
in his favor and Arnold was not the drawer.
How many shares is Dennis entitled to vote at the (E) No, Brian is not a HIDC because the requisite
annual meeting of the stockholders of XYZ? (1%) consideration to Dennis was not present.
(A) The loss of the perfumes will be borne by the (A) de jure corporation
bank in whose behalf the perfumes were held in (B) de facto corporation
trust. (C) corporation by estoppel
(B) Anton will bear the loss. (D) general partnership
(C) The exporter can hold both the bank and Anton (E) None of the above.
liable for the loss.
(D) The exporter from whom Anton bought the
perfumes will bear the loss. XII. Preferred shares cannot vote on the proposal
(E) No one bears the loss for an unforeseen event. __________. (1%)
(A) by the bank when the account is the subject of Is the policy valid and binding? (1%)
a suspicious or covered transaction report
(B) by the Anti-Money Laundering Council (AMLC) (A) Yes, the policy is valid and binding because
when the account belongs to a person already Aurelia has an insurable interest on the life of
convicted of money laundering Kaddafy Benjelani.
(C) by the Regional Trial Court, upon ex parte (B) No, the policy is not valid and binding because
motion by the AMLC, in a criminal prosecution for Kaddafy Benjelani has been officially declared a
money laundering pending before it public enemy.
(D) by the Court of Appeals motu proprio in an (C) Yes, the policy is valid and binding because it
appeal from a judgment of conviction of a criminal has been in force for more than two years.
charge for money laundering (D) No, the policy is not valid and binding since the
(E) In none of the above. spouses' estrangement removed Aurelia's
insurable interest in Benjelani's life.
(E) None of the above.
XI. Unknown to the other four proponents, Enrico
(who had been given the task of attending to the
Articles of Incorporation of the proposed XIV. Muebles Classico, Inc. (MC), a Manila-based
corporation, Auto Mo,Ayos Ko) misappropriated furniture shop, purchased hardwood lumber from
the filing fees and never filed the Articles of Surigao Timber, Inc. (STI), a Mindanao-based
Incorporation with the Securities and Exchange logging company. MC was to pay STI the amount
Commission (SEC). Instead, he prepared and of P5.0 million for 50 tons of lumber. To pay STI,
presented to the proposed incorporators a falsified MC opened a letter of credit with Banco de Plata
(BDP). BOP duly informed STI of the opening of a he still commence an action to recover damages
letter of credit in its favor. with the court? (1%)
In the meantime, MC- which had been undergoing (A) No, the failure to file a claim with the carrier is
financial reverses- filed a petition for corporate a condition precedent for recovery.
rehabilitation. The rehabilitation court issued a (B) Yes, provided he files the complaint within 10
Stay Order to stay the enforcement of all claims years from delivery.
against MC. (C) Yes, provided he files the complaint within 10
years from discovery of the damage.
After shipping the lumber, STJ went to BDP, (D) Yes, provided he files the complaint within 1
presented the shipping documents, and demanded year from delivery.
payment of the letter of credit opened in its favor. (E) Yes, provided he files the complaint within 1
MC, on the other hand, informed the bank of the year from discovery of the damage.
Stay Order and instructed it to deny payment to
STI because of the Stay Order. BDP comes to you
for advice. Your best advice is to __________. (1%)
II.
A collision occurred at an intersection involving a
bicycle and a taxicab. Both the bicycle rider (a
businessman then doing his morning exercise) and
the taxi driver claimed that the other was at fault.
Based on the police report, the bicycle crossed the
intersection first but the taxicab, crossing at a fast
clip from the bicycle's left, could not brake in time
and hit the bicycle's rear wheel, toppling it and
throwing the bicycle rider into the sidewalk 5
meters away.
(A) Does Marcelo have a cause of action against The deed also contained Jennifer's signed
Sergio? (5%) acceptance, and an attached notarized declaration
by Josefa and Jennifer that the land will remain in
(B) Can Sergio claim that whatever they might Josefa's possession and cannot be alienated,
have agreed upon cannot be enforced because any encumbered, sold or disposed of while Josefa is
agreement relating to the sale of real property still alive.
must be supported by evidence in writing and they
never reduced their agreement to writing? (3%) Advise Jennifer on whether the deed is a donation
inter vivos or mortis causa and explain the reasons
supporting your advice. (8%)
IV.
Anselmo is the registered owner of a land and a
house that his friend Boboy occupied for a nominal VI.
rental and on the condition that Boboy would Lito obtained a loan of P1,000,000 from Ferdie,
vacate the property on demand. With Anselmo's payable within one year. To secure payment, Lito
knowledge, Boboy introduced renovations executed a chattel mortgage on a Toyota Avanza
consisting of an additional bedroom, a covered and a real estate mortgage on a 200-square meter
veranda, and a concrete block fence, at his own piece of property.
expense.
(A) Would it be legally significant - from the point
Subsequently, Anselmo needed the property as his of view of validity and enforceability - if the loan
residence and thus asked Boboy to vacate and turn and the mortgages were in public or private
it over to him. Boboy, despite an extension, failed instruments? (6%)
to vacate the property, forcing Anselmo to send
him a written demand to vacate. (B) Lito's failure to pay led to the extra-judicial
foreclosure of the mortgaged real property. Within
In his own written reply, Boboy signified that he a year from foreclosure, Lito tendered a manager's
was ready to leave but Anselmo must first check to Ferdie to redeem the property. Ferdie
reimburse him the value of the improvements he refused to accept payment on the ground that he
introduced on the property as he is a builder in wanted payment in cash: the check does not
qualify as legal tender and does not include the As their lawyer, advise the spouses Dela Cruz on
interest payment. Is Ferdie's refusal justified? (4%) their rights and obligations under the given
circumstances, and the recourses and options
open to them to protect their interests. (8%)
VII.
In 2005, Andres built a residential house on a lot
whose only access to the national highway was a IX.
pathway crossing Brando's property. Andres and Rica petitioned for the annulment of her ten-year
others have been using this pathway (pathway A) old marriage to Richard. Richard hired Atty. Cruz to
since 1980. represent him in the proceedings. In payment for
Atty. Cruz's acceptance and legal fees, Richard
In 2006, Brand0 fenced off his property, thereby conveyed to Atty. Cruz a parcel of land in Taguig
blocking Andres' access to the national highway. that he recently purchased with his lotto winnings.
Andres demanded that part of the fence be The transfer documents were duly signed and Atty.
removed to maintain his old access route to the Cruz immediately took possession by fencing off
highway (pathway A), but Brando refused, claiming the property's entire perimeter.
that there was another available pathway
(pathway B) for ingress and egress to the highway. Desperately needing money to pay for his
Andres countered that pathway B has defects, is mounting legal fees and his other needs and
circuitous, and is extremely inconvenient to use. despite the transfer to Atty. Cruz, Richard offered
the same parcel of land for sale to the spouses
To settle their dispute, Andres and Brando hired Garcia. After inspection of the land, the spouses
Damian, a geodetic and civil engineer, to survey considered it a good investment and purchased it
and examine the two pathways and the from Richard. Immediately after the sale, the
surrounding areas, and to determine the shortest spouses Garcia commenced the construction of a
and the least prejudicial way through the servient three-story building over the land, but they were
estates. After the survey, the engineer concluded prevented from doing this by Atty. Cruz who
that pathway B is the longer route and will need claimed he has a better right in light of the prior
improvements and repairs, but will not conveyance in his favor.
significantly affect the use of Brando's property.
On the other hand, pathway A that had long been Is Atty. Cruz's claim correct? (8%)
in place, is the shorter route but would
significantly affect the use of Brando's property.
X.
In light of the engineer's findings and the Manuel was born on 12 March 1940 in a 1 000-
circumstances of the case, resolve the parties' square meter property where he grew up helping
right of way dispute. (6%) his father, Michael, cultivate the land. Michael has
lived on the property since the land was opened
for settlement at about the time of the
VIII. Commonwealth government in 193 5, but for
Ciriaco Realty Corporation (CRC) sold to the some reason never secured any title to the
spouses Del a Cruz a500-square meter land (Lot A) property other than a tax declaration in his name.
in Paranaque. The land now has a fair market value He has held the property through the years in the
of Pl,200,000. CRC likewise sold to the spouses concept of an owner and his stay was uncontested
Rodriguez, a 700-square meter land (Lot B) which by others. He has also conscientiously and
is adjacent to Lot A. Lot B has a present fair market continuously paid the realty taxes on the land.
value of P1,500,000.
Michael died in 2000 and Manuel - as Michael’s
The spouses Dela Cruz constructed a house on Lot only son and heir -now wants to secure and
B, relying on there presentation of the CRC sales register title to the land in his own name. He
agent that it is the property they purchased. Only consults you for legal advice as he wants to perfect
upon the completion of their house did the his title to the land and secure its registration in his
spouses Dela Cruz discover that they had built on name.
Lot B owned by the spouses Rodriguez, not on Lot
A that they purchased. They spent P 1 000,000 for (A) What are the laws that you need to consider in
the house. advising Manuel on how he can perfect his title
and register the land in his name? Explain the
relevance of these laws to your projected course
of action. (4%)
II. A, B, C and D are the solidary debtors of X
(B) What do you have to prove to secure Manuel's for P40,000. X released D from the payment of his
objectives and what documentation are share of PI 0,000. When the obligation became
necessary? (4%) due and demandable, C turned out to be insolvent.
VII. (2) If Lito is alive, what is the status of Lita's If you were the judge, how will you decide the
marriage to Jaime? (1%) case? (1%)
(A) The marriage is valid because Lita's marriage to (A) I will rule in favor of Betty. My ruling is based
Lito was terminated upon Lito's disappearance for on the Civil Code provision that one who has lost
more than seven years. any movable or has been unlawfully deprived
(B) The marriage is valid. After an absence of more thereof may recover it from the person in
than 10 years, Lito is already presumed dead for all possession of the same. Tam bunting's claim of
purposes. good faith is inconsequential.
(C) The marriage is void. Lito's mere absence, (B) I will rule in favor of Betty. Tambunting's claim
however lengthy, is insufficient to authorize Lita to of good faith pales into insignificance in light of the
contract a subsequent marriage. unlawful deprivation of the jewelries. However,
(D) The marriage is void. If Lito is indeed alive, his equity dictates that Tambunting must be
marriage to Lita was never dissolved and they can reimbursed for the pawn value of the jewelries.
resume their marital relations at any time. (C) I will rule in favor of Tambunting. Its good faith
takes precedence over the right of Betty to recover
the jewelries.
VIII. (D) I will rule in favor of Tambunting. Good faith is
Which of the following actions or defenses are always presumed. Tambunting's lawful acquisition
meritorious: (1%) in the ordinary course of business coupled with
good faith gives it legal right over the jewelries.
(A) An action for recovery of downpayment paid
under a rescinded oral sale of real property.
(B) A defense in an action for ejectment that the X.
lessor verbally promised to extend or renew the Arlene owns a row of apartment houses in
lease. Kamuning, Quezon City. She agreed to lease
(C) An action for payment of sum of money filed Apartment No. 1 to Janet for a period of 18
against one who orally promised to answer months at the rate of P10,000 per month. The
another's debt in case the latter defaults. lease was not covered by any contract. Janet
(D) A defense in an action for damages that the promptly gave Arlene two (2) months deposit and
debtor has sufficient, but unliquidated assets to 18 checks covering the rental payment for 18
satisfy the credit acquired when it becomes due. months. This show of good faith prompted Arlene
(E) None of the above. to promise Janet that should Arlene decide to sell
the property, she would give Janet the right of first
refusal.
IX.
X. (1) Not long after Janet moved in, she received year. Subsequently, ABC Corp. changed its mind
news that her application for a Master of Laws and applied for a refund of the excess tax credits.
scholarship at King's College in London had been Will the claim for refund prosper? (6%)
approved. Since her acceptance of the scholarship
entailed a transfer of residence, Janet asked
Arlene to return the advance rental payments she II.
made. Arlene refused, prompting Janet to file an A group of philanthropists organized a non-stock,
action to recover the payments. Arlene filed a non-profit hospital for charitable purposes to
motion to dismiss, claiming that the lease on which provide medical services to the poor. The hospital
the action is based, is unenforceable. also accepted paying patients although none of its
If you were the judge, would you grant Arlene's income accrued to any private individual; all
motion? (1%) income were plowed back for the hospital's use
and not more than 30% of its funds were used for
(A) Yes, I will grant the motion because the lease administrative purposes.
contract between Arlene and Janet was not in
writing, hence, Janet may not enforce any right Is the hospital subject to tax on its income? If it is,
arising from the same contract. at what rate? (6%)
(B) No, I will not grant the motion because to allow
Arlene to retain the advance payments would
amount to unjust enrichment. III.
(C) Yes, I will grant the motion because the action ABC Corporation is registered as a holding
for recovery is premature; Janet should first secure company and has an office in the City of Makati. It
a judicial rescission of the contract of lease. has no actual business operations. It invested in
(D) No. I will not grant the motion because the another company and its earnings are limited to
cause of action does not seek to enforce any right dividends from this investment, interests on its
under the contract of lease. bank deposits, and foreign exchange gains from its
foreign currency account. The City of Makati
X. (2)Assume that Janet decided not to accept the assessed ABC Corporation as a contractor or one
scholarship and continued leasing Apartment No. that sells services for a fee.
1. Midway through the lease period, Arlene
decided to sell Apartment No. 1 to Jun in breach of Is the City of Makati correct? (6%)
her promise to Janet to grant her the right of first
refusal. Thus, Janet filed an action seeking the
recognition of her right of first refusal, the IV.
payment of damages for the violation of this right, Atty. Gambino is a partner in a general
and the rescission of the sale between Arlene and professional partnership. The partnership
Jun. computes its gross revenues, claims deductions
Is Janet's action meritorious? (1%) allowed under the Tax Code, and distributes the
net income to the partners, including Atty.
(A) Yes, under the Civil Code, a promise to buy and Gambino, in accordance with its articles of
sell a determinate thing is reciprocally partnership.
demandable. In filing his own income tax return, Atty. Gambino
(B) No, the promise to buy and sell a determinate claimed deductions that the partnership did not
thing was not supported by a consideration. claim, such as purchase of law books,
(C) Yes, Janet's right of first refusal was clearly entertainment expenses, car insurance and car
violated when the property was not offered for depreciation. The BIR disallowed the deductions.
sale to her before it was sold to Jun.
(D) No, a right of first refusal involves an interest Was the BIR correct? (6%)
over real property that must be embodied in a
written contract to be enforceable.
(E) None of the above. V.
Mr. Agustin, 75 years old and suffering from an
I. incurable disease, decided to sell for valuable and
In its final adjustment return for the 2010 taxable sufficient consideration a house and lot to his son.
year, ABC Corp. had excess tax credits arising from He died one year later.
its over-withholding of income payments. It opted
to carry over the excess tax credits to the following
In the settlement of Mr. Agustin's estate, the BIR a taxable gift and thus assessed Mrs. Barbera as a
argued that the house and lot were transferred in donor.
contemplation of death and should therefore form
part of the gross estate for estate tax purposes. Was the BIR correct? (7%)
Is the BIR correct? (7%)
X.
VI. In 2010, pursuant to a Letter of Authority (LA)
On October 15, 2005, ABC Corp. imported 1,000 issued by the Regional Director, Mr. Abcede was
kilos of steel ingots and paid customs duties and assessed deficiency income taxes by the BIR for
VAT to the Bureau of Customs on the importation. the year 2009. He paid the deficiency. In 2011, Mr.
On February 17, 2009, the Bureau of Customs, Abcede received another LA for the same year
citing provisions of the Tariff and Customs Code on 2009, this time from the National Investigation
post-audit, investigated and assessed ABC Corp. Division, on the ground that Mr. Abcede's 2009
for deficiency customs duties and VAT. return was fraudulent.
Is the Bureau of Customs correct? (7%)
Mr. Abcede contested the LA on the ground that
he can only be investigated once in a taxable year.
VII. Decide. (7%)
XYZ Law Offices, a law partnership in the
Philippines and a VAT-registered taxpayer,
received a query by e-mail from Gainsburg XI.
Corporation, a corporation organized under the In 2000, Mr. Belen bought a residential house and
laws of Delaware, but the e-mail came from lot for P1,000,000. He used the property as his and
California where Gainsburg has an office. his family's principal residence. It is now year 2013
Gainsburg has no office in the Philippines and does and he is thinking of selling the property to buy a
no business in the Philippines. new one. He seeks your advice on how much
XYZ Law Offices rendered its opinion on the query income tax he would pay if he sells the property.
and billed Gainsburg US$1,000 for the opinion. The total zonal value of the property is P5,000,000
Gainsburg remitted its payment through Citibank and the fair market value per the tax declaration
which converted the remitted US$1 ,000 to pesos is P2,500,000. He intends to sell it for P6,000,000.
and deposited the converted amount in the XYZ
Law Offices account. What material considerations will you take into
account in computing the income tax? Please
What are the tax implications of the payment to explain the legal relevance of each of these
XYZ Law Offices in terms of VAT and income taxes? considerations. (7%)
(7%)
XII.
VIII. You are the retained tax counsel of ABC Corp. Your
Mr. Amado leased a piece of land owned by the client informed you that they have been directly
Municipality of Pinagsabitan and built a warehouse approached with a proposal by a BIR insider (i.e., a
on the property for his business operations. The middle rank BIR official) on the tax matter they
Municipal Assessor assessed Mr. Amado for real have referred to you for handling. The BIR insider's
property taxes on the land and the warehouse. Mr. proposal is to settle the matter by significantly
Amado objected to the assessment, contending reducing the assessment, but he will get 50% of
that he should not be asked to pay realty taxes on the savings arising from the reduced assessment.
the land since it is municipal property. What tax, criminal and ethical considerations will
you take into account in giving your advice?
Was the assessment proper? (5%) Explain the relevance of each of these
considerations. (9%)
IX.
In the settlement of the estate of Mr. Barbera who MULTIPLE CHOICE QUESTIONS
died intestate, his wife renounced her inheritance
and her share of the conjugal property in favor of
their children. The BIR determined that there was
I. ABC Corp. was dissolved and liquidating business because it would not be able to pay the
dividends were declared and paid to the increased tax.
stockholders.
What tax consequence follows? (1%) The cigarette company is __________ (1%)
(A) ABC Corp. should deduct a final tax of 10% (A) wrong because taxes are the lifeblood of the
from the dividends. government
(B) The stockholders should declare their gain from (B) wrong because the law recognizes that the
their investment and pay income tax at the power to tax is the power to destroy
ordinary rates. (C) correct because no government can deprive a
(C) The dividends are exempt from tax. person of his livelihood
(D) ABC Corp. should withhold a 10% creditable (D) correct because Congress, in this case,
tax. exceeded its power to tax
II. MGC Corp. secured an income tax holiday for 5 V. Mr. Alvarez is in the retail business. He received
years as a pioneer industry. On the fourth year of a deficiency tax assessment from the BIR
the tax holiday, MGC Corp. declared and paid cash containing only the computation of the deficiency
dividends to its stockholders, all of whom are tax and the penalties, without any explanation of
individuals. the factual and legal bases for the assessment.
Is the assessment valid? (1%)
Are the dividends taxable? (1%)
(A) The assessment is valid; all that Mr. Alvarez has
(A) The dividends are taxable; the tax exemption of to know is the amount of the tax.
MGC Corp. does not extend to its stockholders.
(B) The dividends are tax exempt because of MGC (B) The assessment is invalid; the law requires a
Corp.'s income tax holiday. statement of the facts and the law upon which the
(C) The dividends are taxable if they exceed 50% of assessment is based.
MGC Corp.'s retained earnings.
(D) The dividends are exempt if paid before the (C) The assessment is valid but Mr. Alvarez can still
end of MGC Corp.'s fiscal year. contest it.
Decide on the validity of the FAN. (1%) XV. Pheleco is a power generation and distribution
company operating mainly from the City of Taguig.
(A) The FAN is invalid; Andy was not given the It owns electric poles which it also rents out to
chance to respond to the PAN, in violation of his other companies that use poles such as telephone
due process rights. and cable companies. Taguig passed an ordinance
(B) The FAN is invalid for being premature. imposing a fee equivalent to 1% of the annual
(C) The FAN is valid since it was issued before the rental for these poles. Pheleco questioned 'the
right to assess prescribed. legality of the ordinance on the ground that it
(D) The FAN is valid. There is no legal requirement imposes an income tax which local government
that the FAN should await the protest to the PAN units (LGUs) are prohibited from imposing.
because protest to the PAN is not mandatory.
Rule on the validity of the ordinance. (1%)
XIII. MSI Corp. imports orange and lemon (A) The ordinance is void; the fee is based on
concentrates as raw materials for the fruit drinks it rental income and is therefore a tax on income.
sells locally. The Bureau of Customs (BOC) imposed (B) The ordinance is valid as a legitimate exercise
a 1% duty rate on the concentrates. Subsequently, of police power to regulate electric poles.
the BOC changed its position and held that the (C) The ordinance is void; 1% of annual rental is
concentrates should be taxed at 7% duty rate. MSI excessive and oppressive.
disagreed with the ruling and questioned it in the (D) The ordinance is valid; an LGU may impose a
CTA which upheld MSI's position. The tax on income.
Commissioner of Customs appealed to the CTA en
bane without filing a motion for reconsideration.
XVI. Aleta sued Boboy for breach of promise to
Resolve the appeal. (1%) marry. Boboy lost the case and duly paid the
court's award that included, among others,
(A) The appeal should be dismissed because a Pl00,000 as moral damages for the mental anguish
motion for reconsideration is mandatory. Aleta suffered.
(B) The appeal should be dismissed for having
been filed out of time. Did Aleta earn a taxable income? (1%)
(C) The appeal should be given due course since a
motion for reconsideration is a useless exercise. (A) She had a taxable income of P100,000 since
(D) The appeal should be upheld to be fair to the income is income from whatever source.
government which needs taxes. (B) She had no taxable income because it was a
donation.
(C) She had taxable income since she made a
profit.
(D) She had no taxable income since moral (C) Mr. A's lawyer should pay the tax for giving the
damages are compensatory. wrong advice.
(D) Mr. A is guilty for failing to consult his
XVII. Mr. Mayuga donated his residential house accountant.
and lot to his son and duly paid the donor's tax. In
the Deed of Donation, Mr. Mayuga expressly
reserved for himself the usufruct over the property XX. The BIR, through the Commissioner, instituted
for as long as he lived. a system requiring taxpayers to submit to the BIR a
summary list of their sales and purchases during
Describe the donated property from the taxation the year, indicating the name of the seller or the
perspective. (1%) buyer and the amount. Based on these lists, the
BIR discovered that in 2004 ABC Corp. purchased
(A) The property will form part of Mr. Mayuga's from XYZ Corp. goods worth P5,000,000. XYZ Corp.
gross estate when he dies. did not declare these for income tax purposes as
(B) The property will not fom1 part of Mr. its reported gross sales for 2004was only
Mayuga's gross estate when he dies because he Pl,000,000.
paid the donor's tax.
(C) The property will form part of Mr. Mayuga's Which of the following defenses may XYZ Corp.
gross estate because he died soon after the interpose in an assessment against it by the BIR?
donation. (1%)
(D) The property will not form part of Mr.
Mayuga's gross estate because it is no longer his. (A) The BIR has no authority to obtain third party
information to assess taxpayers.
XVIII. Mr. Z made an importation which he (B) The third party information is inadmissible as
declared at the Bureau of Customs (BOC) as "Used hearsay evidence.
Truck Replacement Parts". Upon investigation, the (C) The system of requiring taxpayers to submit
container vans contained 15 units of Porsche and third party information is illegal for violating the
Ferrari cars. right to privacy.
(D) None of the above.
Characterize Mr. Z's action. (1%)
II.
Gamma Company pays its regular employees
P350.00 a day, and houses them in a dormitory
inside its factory compound in Manila. Gamma
Company also provides them with three full meals
a day.
Cesar disembarked from the vessel M/V Seven (A) Yes, because the right to strike is guaranteed
Seas on July 16, 2013as a seaman on "finished by the Constitution and cannot be denied to any
contract". He immediately reported to the agency group of employees.
and complained that he had been experiencing (B) No, because only an exclusive bargaining agent
spells of dizziness, nausea, general weakness, and may declare a strike against the employer.
difficulty in breathing. The agency referred him to (C) Yes, because the right to strike is a basic human
Dr. Sales, a cardio-pulmonary specialist, who right that the country's international agreements
examined and treated him; advised him to take a and the International Labor Organization
complete rest for a while; gave him medications; recognize.
and declared him fit to resume work as a seaman. (D) Yes, but only in case of unfair labor practice.
(E) No, in the absence of a recognized bargaining
After a month, Cesar went back to the agency to agent, the workers' recourse is to file a case before
ask for re-deployment. The agency rejected his the Department of Labor and Employment.
application. Cesar responded by demanding total
disability benefits based on the ailments that he
developed and suffered while on board Meritt III.
Shipping vessels. The claim was based on the Mr. Del Carmen, unsure if his foray into business
certification of his physician (internist Dr. Reyes) (messengerial service catering purely to law firms)
that he could no longer undertake sea duties would succeed but intending to go long-term if he
because of the hypertension and diabetes that hurdles the first year, opted to open his operations
afflicted him while serving on Meritt Shipping with one-year contracts with two law firms
vessels in the last 10 years. Rejected once again, although he also accepts messengerial service
Cesar filed a complaint for illegal dismissal and the requests from other firms as their orders come. He
payment of total permanent disability benefits started with one permanent secretary and six (6)
against the agency and its principal. messengers on a one-year, fixed-term, contract.
Assume that you are the Labor Arbiter deciding the Is the arrangement legal from the perspective of
case. Identify the facts and issues you would labor standards? (1%)
consider material in resolving the illegal dismissal
and disability complaint. Explain your choices and (A) No, because the arrangement will circumvent
their materiality, and resolve the case. (8%) worker's right to security of tenure.
(B) No. If allowed, the arrangement will serve as
starting point in weakening the security of tenure
MULTIPLE CHOICE QUESTIONS guarantee.
(C) Yes, if the messengers are hired through a
I. The parties to a labor dispute can validly submit contractor.
to voluntary arbitration _________. (1%) (D) Yes, because the business is temporary and the
contracted undertaking is specific and time-bound.
(A) any disputed issue they may agree to (E) No, because the fixed term provided is invalid.
voluntarily arbitrate
(B) only matters that do not fall within the
exclusive jurisdiction of the Labor Arbiter IV. Chito was illegally dismissed by DEF Corp.
(C) any disputed issue but only after conciliation at effective at the close of business hours of
the National Conciliation and Mediation Board fails December 29, 2009.
(D) any disputed issue provided that the Labor
Arbiter has not assumed jurisdiction over the case IV(1). He can file a complaint for illegal dismissal
on compulsory arbitration without any legal bar within _________. (1%)
(E) only matters relating to the interpretation or (A) three (3) years
implementation of a collective bargaining (B) four (4) years
agreement (C) five (5) years
(D) six (6) years
(E) ten (10) years
II. When there is no recognized collective
bargaining agent, can a legitimate labor
IV(2). If he has money claims against DEF Corp., he (A) Additional deduction from its gross income
can make the claim without any legal bar within equivalent to 25% of amount paid as salaries to
_________. (1%) persons with disability.
(A) three (3) years (B) Additional deduction from its gross income
(B) four (4) years equivalent to 50% of the direct costs of the
(C) five (5) years construction of facilities for the use of persons
(D) six (6) years with disability.
(E) ten (10) years (C) Additional deduction from its net taxable
income equivalent to 5% of its total payroll
(D) Exemption from real property tax for one (1)
V. After vainly struggling to stay financially afloat year of the property where facilities for persons
for a year, LMN Corp. finally gave up and closed with disability have been constructed.
down its operations after its major creditors filed a (E) The annual deduction under (A), plus a one-
petition for LMN's insolvency and liquidation. time deduction under (B).
In this situation, LMN's employees are entitled to
_________ as separation pay. (1%)
(A) one-half month pay for every year of service IX. Mr. Ortanez has been in the building
(B) one month pay for every year of service construction business for several years. He asks
(C) one-half month pay you, as his new labor counsel, for the rules he
(D) one month pay must observe in considering regular employment
(E) no separation pay at all in the construction industry.
I.
In the last quarter of 2012, about 5,000 container
vans of imported goods intended for the Christmas
Season were seized by agents of the Bureau of
Customs. The imported goods were released only
on January 10,2013. A group of importers got
together and filed an action for damages before
the Regional Trial Court of Manila against the
Department of Finance and the Bureau of
Customs.
The Bureau of Customs raised the defense of
immunity from suit and, alternatively, that liability
should lie with XYZ Corp. which the Bureau had
contracted for the lease of ten (10) high powered
van cranes but delivered only five (5) of these
cranes, thus causing the delay in its cargo-handling
operations. It appears that the Bureau, despite
demand, did not pay XYZ Corp. the Php 1.0 Million
deposit and advance rental required under their
contract.
II.
While Congress was in session, the President
appointed eight acting Secretaries. A group of
Senators from the minority bloc questioned the
validity of the appointments in a petition before
the Supreme Court on the ground that while
Congress is in session, no appointment that
requires confirmation by the Commission on
Appointments, can be made without the latter's
consent, and that an undersecretary should
instead be designated as Acting Secretary. Cite at least two (2) grounds for impeachment and
Should the petition be granted? (5%) explain why you chose them. (6%)
III. VI.
A robbery with homicide had taken place and Lito, Congress passed Republic Act No. 7711 to comply
Badong and Rolliewere invited for questioning with the United Nations Convention on the Law of
based on the information furnished by a neighbor the Sea.
that he saw them come out of the victim's house
at about the time of the robbery/killing. The police In a petition filed with the Supreme Court, Anak Ti
confronted the three with this and other Ilocos, an association of Ilocano professionals,
information they had gathered, and pointedly argued that Republic Act No. 7711discarded the
accused them of committing the crime. definition of the Philippine territory under the
Treaty of Paris and in related treaties; excluded the
Lito initially resisted, but eventually broke down Kalayaan Islands and the Scarborough Shoals from
and admitted his participation in the crime. Elated the Philippine Archipelagic baselines; and
by this break and desirous of securing a written converted internal waters into archipelagic waters.
confession soonest, the police called City Attorney Is the petition meritorious? (6%)
Juan Buan to serve as the trio's counsel and to
advise them about their rights during the
investigation. VII.
As he was entering a bar, Arnold -who was holding
Badong and Rollie, weakened in spirit by Lito's an unlit cigarette in his right hand -was handed a
early match box by someone standing near the
admission, likewise admitted their participation. doorway. Arnold unthinkingly opened the
The trio thus signed a joint extra-judicial matchbox to light his cigarette and as he did so, a
confession which served as the main evidence sprinkle of dried leaves fell out, which the guard
against them at their trial. They were convicted noticed. The guard immediately frisked Arnold,
based on their confession. grabbed the matchbox, and sniffed its contents.
After confirming that the matchbox contained
Should the judgment of conviction be affirmed or marijuana, he immediately arrested Arnold and
reversed on appeal? (5%) called in the police.
VIII. May the power of cities to raise revenues be XI. At the Senate impeachment trial of Justice
limited by an executive order of the President? Pablo P. San Quintin, Hon. Emilio A. Tan,
(1%) Congressman and Impeachment Panel Manager,
wrote the Supreme Court requesting that the
(A) Yes, because local government units are under prosecutors be allowed to examine thecourt
the administrative control of the President through records of Stewards Association of the Philippines,
the Department of Interior and Local Government. Inc. (SAP!) v. Filipinas Air, et al., G.R. No. 987654, a
(B) No, because local government units now enjoy case that is still pending. The High Court
full local fiscal autonomy. __________. (1%)
efficiency and the development of moral character
(A) may grant the request by reason of inter- shall receive the support of the Government.
departmental courtesy (D) The right of the people to information on
(B) may grant the request as the records of the matters. of public concern shall be recognized.
Filipinas Air case are public records Access to official records, and to documents and
(C) should deny the request since records of cases papers pertaining to official acts, transactions, or
that are pending for decision are privileged except decisions, as well as to government research data
only for pleadings, orders and resolutions that are used as basis for policy development, shall be
available to the public afforded the citizen, subject to such limitations as
(D) should deny the request because it violates the may be provided by law.
Court's independence and the doctrine of (E) All the above only provide guidelines and are
separation of powers not self-executing.
(E) should grant the request because of the sui
generis nature of the power of impeachment,
provided that the Bill of Rights is not violated XIV. The President entered into an executive
agreement with Vietnam for the supply to the
Philippines of animal feeds not to exceed 40,000
XII. Mr. Sinco sued the government for damages. tons in any one year. The Association of Animal
After trial, the court ruled in his favor and awarded Feed Sellers of the Philippines questioned the
damages amounting to P50 million against the executive agreement for being contrary to R.A. 462
government. To satisfy the judgment against the which prohibits the importation of animal feeds
government, which valid option is available to Mr. from Asian countries. Is the challenge correct?
Sinco? ( 1%) (1%)
(A) Garnish the government funds deposited at the (A) Yes, the executive agreement is contrary to an
Land Bank. existing domestic law.
(B) File a claim with the Commission on Audit (B) No, the President is solely in charge of foreign
(COA) pursuant to Commonwealth Act 327, as relations and all his actions in this role form part of
amended by Presidential Decree1445. the law of the land.
(C) Make representations with the Congress to (C) No, international agreements are sui generis
appropriate the amount to satisfy the judgment. and stand independently of our domestic laws.
(D) File a petition for mandamus in court to (D) Yes, the executive agreement is actually a
compel Congress to appropriate P50 million to treaty which does not take effect without
satisfy the judgment. ratification by the Senate.
(E) Proceed to execute the judgment as provided (E) Yes, the challenge is correct because there is no
by the Rules of Court because the State allowed law empowering the President to undertake the
itself to be sued. importation.
XIII. Which of the following provisions of the XV. The separation of Church and State is most
Constitution does not confer rights that can be clearly violated when __________. (1%)
enforced in the courts but only provides guidelines
for legislative or executive action? (l%) (A) the State funds a road project whose effect is
to make a church more accessible to its adherents
(A) The maintenance of peace and order, the (B) the State declares the birthplace of a founder
protection of life, liberty, and property, and of a religious sect as a national historical site
promotion of the general welfare are essential for (C) the State expropriates church property in order
the enjoyment by all the people of the blessings of to construct an expressway that, among others,
democracy. provides easy access to the Church's main
(B) The State shall give priority to education, cathedral
science and technology, arts, culture, and sports to (D) the State gives vehicles to bishops to assist
foster patriotism and nationalism, accelerate social them in church-related charitable projects
progress, and promote total human liberation and (E) the State allows prayers in schools for minor
development. children without securing the prior consent of
(C) The natural and primary right and duty of their parents
parents in the rearing of the youth for civic
XVI. Patricio was elected member of the House of (B) Congress may, by law, provide limitations on
Representative in the May 2010 Elections. His the President's power to contract or guarantee
opponent Jose questioned Patricio's victory before foreign loans on behalf of the Republic of the
the House of Representatives Electoral Tribunal Philippines.
and later with the Supreme Court. (C) In order to be valid and effective, treaties and
In a decision promulgated in November 2011, the executive agreements must be concurred in by at
Court ruled in Jose's favor; thus, Patricio was least two-thirds of all the Members of the Senate.
ousted from his seat in Congress. Within a year (D) The President shall, at the end of every quarter
from that decision, the President can appoint of the calendar year, submit to Congress a
Patricio __________. (1%) complete report of the loans contracted or
guaranteed by the Government or government-
(A) only as a member of the board of directors of owned and controlled corporations.
any government owned and controlled (E) All the above choices are defective in some
corporation respects.
(B) only as a deputy Ombudsman
(C) only as a Commissioner of the Civil Service
Commission XIX. Candida has been administratively charged of
(D) only as Chairman of the Commission on immorality for openly living with Manuel, a
Elections married man. Candida argues that her conjugal
(E) to any position as no prohibition applies to arrangement with Manuel fully conforms with
Patricio their religious beliefs and with the teachings of
their church.
In resolving whether Candida should be
XVII. Senator GSC proposed a bill increasing excise administratively penalized, which is the best test
taxes on tobacco and alcohol products. The to apply? (1%)
generated incremental revenues shall be used for
the universal health care program for all Filipinos (A) Clear and Present Danger Test
and for tobacco farmers' livelihood. After the (B) Compelling State Interest Test
Senate passed the bill on third reading, it was (C) Balancing of interests Test
transmitted to the House of Representatives which (D) Conscientious Objector Test
approved the bill in toto. The President eventually (E) Dangerous Tendency Test
signed it into law. Atty. JFC filed a petition before
the Supreme Court, questioning the
constitutionality of the new law. XX. Rafael questioned the qualifications of Carlos
as congressman of the Third District of Manila on
Is the law constitutional? (1%) the ground that Carlos is a citizen of the USA. The
decision disqualifying Carlos for being a US citizen
(A) The law is constitutional because it is for a came only in March 2010, i.e., after the
public purpose and has duly satisfied the three- adjournment of the session of Congress on the 3'd
readings-on-separate-days rule in both Houses. year of the position's three-year term.
(B) The law is unconstitutional because it violates
the equal protection clause of the Constitution; it What was Carlos' status during his incumbency as
is limited only to alcohol and liquor products. congressman? (1%)
(C) It is constitutional because of the Enrolled Bill
Theory. (A) He was a de jure officer, having been duly
(D) It is constitutional because it is valid in form elected and proclaimed.
and substance and complied with the required (B) He was not a public officer because he
lawmaking procedures.(E) None of the above is effectively was not entitled to be a congressman.
correct. (C) He was a de jure officer since he completed the
service of his term before he was disqualified.
(D) He was a de facto officer since he had served
XVIII. Which of the following statements is correct? and was only disqualified later.
(1%) (E) He neither possesses de jure nor de facto status
as such determination is pointless.
(A) The President, with the concurrence of the
Monetary Board, can guarantee a foreign loan on
behalf of the Republic of the Philippines.